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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
  
  
  
  
  

  
  
  
  
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TO JOHN ARMSTRONG.
  
  
  
  
  
  
  


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Page 446

TO JOHN ARMSTRONG.

D. OF S. MSS. INSTR.
Sir,

The two last letters received from you were of Dec. 24
and Jany. 16.

The decree of Nov. 21st communicated in the first had
previously reached us, and had excited apprehensions which
were repressed only by the inarticulate import of its Articles,
and the presumption that it would be executed in a sense
not inconsistent with the respect due the Treaty between
France and the United States. The explanations given you
by the Minister of Marine, were seen by the President with
much pleasure, and it only remains to learn that they have
been confirmed by the express authority of the Emperor.
We are the more anxious for this information as it will fortify
the remonstrances which have been presented at London
against the British order of Jany. 7. Should it, contrary
to expectation, turn out that the French decree was meant,
and is to operate according to the latitude of its terms, you
will of course have made the proper representations, grounded
as well on the principles of public law, as on the express
stipulations of the Convention of 1800. Nothing, besides,
could be more preposterous than to blend with an appeal to
neutral rights and neutral Nations, a gross infraction of the
former, and outrage on the sentiments of the latter; unless it
be to invite a species of contest on the high seas, in which the
adversary has every possible advantage. But on the more
probable supposition that the decree will not be unfavorably
expounded, it will be still necessary to press on the French
Government a dispatch of such orders to their Cruizers in
every quarter, as will prevent a construction of the decree
favorable to their licencious cupidity. The moment your
letter was received, the answer of the French Minister of
Marine to your note, was communicated to Genl. Turreau,


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Page 447
with a call on him to transmit it immediately to the French
Governors in the West Indies. This he readily engaged to
do. But notwithstanding this precaution, there are proofs that
the West India Privateers have, under colour of the Edict,
committed depredations which will constitute just claims of
redress from their Government.

Mr. Erving has forwarded a Spanish decree also avowedly
pursuing the example, and the views of the French Emperor.
The terms of this decree are even more vague, or rather more
broad than those of the prototype; and if not speedily recalled
or corrected, will doubtless extend the scene of spoliations
already begun in that quarter; and of course thicken the
cloud that hangs over the amity of the two Nations.

Your other letter (of Jany. 16) intimates a hope that
the return of the French Court to Paris, would soon afford
an opportunity of renewing your communications with the
Minister of Foreign Relations. The course of events appear
to have prevented this opportunity, and to have prolonged
the suspense in which our affairs have been kept, unless,
indeed, other channels and modes should have been found for
bringing them to an issue. The delays, and the pretexts for
them, have put the patience of the United States to a severe
trial. It ought not to be supposed by Spain, or her ally, that
a crisis can be much longer procrastinated. The impending
collision on the Western side of the Mississippi has indeed
been obviated; but the adjustment suspends only the danger
which threatened the peace in that quarter; whilst, on the
Eastern side of the Mississippi, the obstinacy of the Spanish
authorities in vexing and obstructing the use of the Mobille
by our Citizens living on its Waters, and having no other
channel of communication with the sea, is kindling a flame
which has been with difficulty kept under, and must in a
short time acquire a force not to be resisted. This state of
things without adverting to other topics, demands the instant
and most serious attention of all who are friendly to
peace between Spain and the United States. It cannot,


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and ought not to be disguised, that the time is approaching
when the latter may have no other choice, than between a
foreign and an internal conflict.

The Treaty signed at London in Dec last not having obtained
the objects of the United States, and being moreover
otherwise objectionable in some of its Articles, has
not received the approbation of the President, nor been
submitted to the consideration of the Senate. The Wasp
sloop of War which conveys this to a French port, carries back
to England Mr. Purviance, with instructions for our Commissioners
to attempt a remodification of the instrument; and,
particularly, to insist on a remedy for the case of British
impressments from American vessels on the high seas, which
forms no Article in the instrument signed on the 31st Decr,
and without which no Treaty will be concluded.

I enclose a printed statement of what passed on the examination
of Col. Burr before the Chief Justice. His trial commences
this day. A profusion of affidavits had charged
him with a complication of crimes, and a number of witnesses
will attend to support the charges. The great distance of
others will prevent their attendance, unless the trial should be
adjourned. The pains which have been taken to investigate,
suppress, and punish the hostile enterprize, understood to be
principally aimed against the Spanish possessions, present
a conspicuous contrast to the perfidious conduct of Spain
through a series of years towards the United States. The
occurrence demands the attention of Spain as a proof also,
that she owes the safety of her possessions, to the controul
of the very Government which she has been so scandalously
endeavouring to dismember and overturn.

There is strong ground for believing that Yrujo plotted with
Burr on the idea that a dismemberment of the Union was the
object. The silence and manner of Turreau leave no doubt
that he did not regard Mexico as the object. Merry was in the
secret of the plot as directed against the Spanish possessions,
and relished it; but without committing his Government.


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It merits your attention to ascertain the Agents and intrigues
of Burr at Paris.

I send you herewith a series of newspapers, and a statistical
publication giving some interesting views of this Country.

May 24.—I have just received your letter of Feby. 15
continued March 20: Both of them are silent as to the
decree of Novr. 21 from which I infer that it does not operate
against our Commercial rights. I regret that even at the
latter date, you were unable to make any favorable communications
with respect to our affairs with Spain.

I have the honor to be, &c.